Tuesday, February 2, 2010

There you are, alone in traffic court thinking, “Am I wasting my time trying to get out of this speeding ticket even though I know I wasn’t going as fast as the radar reported?”

Why Hire An Attorney?Without legal representation, a defendant can easily be intimidated by the prosecutor, the statistics involving the radar’s reading and the police officer’s testimony. Case closed, the defendant has lost and now faces a traffic fine, points against his/her DMV record and higher vehicle insurance.

With experienced legal representation or even if you choose to represent yourself, here’s what should happen.

A Discovery RequestBefore going to trial, you request copies of documents about the radar issued speeding ticket, including - a list of witnesses for the prosecution; all records regarding the maintenance and calibration of the radar equipment; each radar training certification issued to the officer and all of his notes, along with the speeding ticket.

Radar Not A Perfect ScienceThose familiar with the process know that 10-20% of all radar-backed speeding tickets are issued in error. If the radar is operated from a moving police vehicle, the number of inaccurate tickets may be as high as 30%. Several years ago, a Miami television station showed a radar gun clocking a palm tree at 86mph and a house at 28mph.

Objecting To FoundationBefore the results of radar can be used in court, its calibration and maintenance must be established. The officer’s testimony alone is insufficient. If you object as to hearsay and foundation and those foundational facts can’t be established, maybe you walk out of the court room not guilty.

Cross-examinationWas the officer trained in the use of the radar device? Was it operated under manufacturer’s requirements? Did the officer test the radar before and after the arrest? Did outside interference cause the wrongful reading or was it the defendant’s car that actually caused the speed reading?

You DecideYou can always pay the ticket. But you can choose to contest, and you just may win if you or your attorneys are prepared.